P. v.Widby CA2/3

Filed 7/16/15 P. v.Widby CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B260300

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA131765) v.

ANDRE L. WIDBY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, John Doyle, Judge. Affirmed.

Mark S. Givens, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent. _____________________

Defendant and appellant, Andre L. Widby, appeals from the judgment entered after his no contest plea to one count of unlawful sexual intercourse with a minor (Pen. Code, § 261.5, subd. (c)).1 He was sentenced to a term of 16 months in prison. FACTUAL AND PROCEDURAL BACKGROUND Widby was originally charged by information with four counts of lewd and lascivious acts on a child under 14 (§ 288), based on his alleged conduct with two minors. At a preliminary hearing on March 14, 2014, Widby’s step-daughter, D.B., testified that on two occasions in October 2013, and on one occasion in January 2014, Widby engaged in sexual acts with her when she was 13 years old. During these incidents, Widby touched her breasts, rubbed her vagina, had her perform oral sex on him, and engaged in sexual intercourse with her. After the first two incidents, Widby gave D. money. During the third incident, D.’s mother discovered what was going on and called the police. These incidents were the basis for counts 1, 2 and 3 of the information. Deputy Sheriff Maricruz Perez, from the Los Angeles County Sheriff’s Department, testified about a fourth incident which involved a five- or six-year-old girl named Heaven S. She told Perez that she encountered Widby at an apartment complex where she lived and Widby worked as a handyman. Widby drove up to Heaven in a golf cart, called her over and “touched her private part, which she also refers to as her ‘front area.’ ” Heaven then moved away and Widby got back into his golf cart and drove off. Widby subsequently entered into a plea agreement whereby these four counts of lewd acts on a child under the age of 14 were dismissed, and he pled no contest to a single felony count of illegal sexual intercourse with a minor (§ 261.5, subd. (c)).2